Athens, 29.10.2008
Kelemenis & Co. wins critical trial regarding
the liability of the University of La Verne from its discontinuance
of operations in Greece
With decision no. 7262/2008, the Athens Multi-member Court
of First Instance accepted the lawsuit of "La Verne
College", the Greek vehicle through which the American
University of La Verne offered its academic programmes in
Greece, against the University of La Verne. The College,
represented by Kelemenis & Co., requested that its corporate
veil be lifted and that it be recognized by the Court that
the College was only the “intermediary” legal
entity that was solely managed by the University and was
used by the latter fraudulently to avoid the liabilities
of its establishment in Greece. The Court found that not
only the corporate veil of the College, which on paper was
run by employees of the branch appointed by the University
(such as the secretary of the director of the program and
the caretaker of the college premises) should be lifted,
but also that the franchising contracts entered into by
the University and the College were entirely fraudulent
and were construed by the University to establish the alleged
independence between the two entities in order for the University
of La Verne to circumvent the liabilities of its branch.
Thus, more than four years after the sudden discontinuance
of the operations of the University of La Verne in Greece,
the legal relationship between the two legal entities was
clarified and the allegation of the University of La Verne
that it had nothing to do with the local entity and that
the local entity was only a client of the University collapsed.
This judgment will form the basis for the continuation of
the legal fight aiming at making the University pay a debt
of about €7,000,000 which accumulated from the discontinuance
of its operations in Greece in September 2004. It must be
noted that Kelemenis & Co. has also represented the
local entity in bringing criminal charges against all management
and the Board of Trustees of the University of La Verne.
Indeed, with decision no. 3116/2007 nine representatives
of the University of La Verne have been indicted for felony
fraud.
back
|